Mandatory defence disclosure in NSW

David Hamer

New South Wales

The Evidence of Silence reforms (above), were accompanied by amendments to the Criminal Procedure Act 1986 requiring more extensive prosecution disclosure, and making it mandatory for the defence to disclose its case ahead of trial. Whereas the silence reforms were largely a rhetorical exercise, the disclosure reforms have far-reaching practical significance.

Right to Silence reforms in NSW

David Hamer

New South Wales

On 20 March 2013 the NSW Parliament passed the Evidence Amendment (Evidence of Silence) Act 2013, which introduces a new s 89A into the Evidence Act 1995. Following similar reforms in England, the suspect will now be cautioned that although they have the right to remain silent, ‘it may harm your defence if you fail to mention something now that you later rely on at trial’.

Slowing property market causes possible problem for property buyers

Roberta McRae

ACT

Unlike any other jurisdiction in Australia, before a property can advertised or be sold in the ACT the seller has to organise a building and pest report. This report and several others are required documents as defined in Section 9 of the Civil Law (Sale of Residential Property) Act (‘the Act’).

New Royal Commission legal service announced

Michael Smith

Federal

In April, the Australian government announced a new Legal Advisory Service for people contemplating or wishing to tell their stories to the Royal Commission into Institutional Responses to Child Sexual Assault.